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如何理解刑法第20条第3款的规定,刑法理论界和司法界均有不同的看法。本文认为该款是刑法赋予公民的特殊防卫权,并对其称谓问题、立法背景和意义、适用条件进行论述,最后在该条款的完善方面提出建议。
How to understand the provisions of Article 20, paragraph 3 of the Criminal Law, criminal law and judicial circles have different views. This article considers that it is a special defense right conferred on citizens by criminal law and discusses its title, legislative background and significance as well as applicable conditions. Finally, it puts forward suggestions on perfecting this clause.